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Lake County Bar Ass'n v. Rozanc
132 Ohio St. 3d 114
Ohio
2012
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Background

  • Rozanc is a suspended Ohio attorney (license suspended in 2009; registration suspension also in effect).
  • Relator Lake County Bar Association filed a February 14, 2011 complaint alleging fraud in probate and concealment of estate assets.
  • The complaint concerns a final accounting for the Richard L. Kariher estate that misstated distributions and included a forged guardian signature.
  • Rozanc did not answer the complaint; a master commissioner found the allegations proved by clear and convincing evidence and identified violations of Prof.Cond.R. 8.4(a),(b),(c),(d).
  • The Board of Commissioners on Grievances and Discipline recommended indefinite suspension; the Court adopted the findings and imposed indefinite suspension with costs taxed to Rozanc.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Rozanc’s conduct warrants professional-discipline sanctions. Relator argues serious misconduct (fraud, deceit, dishonesty) violated Prof.Cond.R. 8.4. Rozanc’s position not detailed in the opinion. Indefinite suspension warranted.
Whether the appropriate sanction is indefinite suspension given aggravating/mitigating factors. Aggravating factors (dishonest motive, pattern of misconduct, harm to a vulnerable beneficiary) support indefinite suspension. Mitigating factor (restitution) acknowledged; other factors weigh against lesser sanction. Aggravating factors outweigh mitigating factor; indefinite suspension imposed.

Key Cases Cited

  • Disciplinary Counsel v. Saumer, 86 Ohio St.3d 312 (1999-Ohio-124) (indefinite suspension case involving neglect and concealment of estate)
  • Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (aggravating factors support discipline; used in sanction reasoning)
Read the full case

Case Details

Case Name: Lake County Bar Ass'n v. Rozanc
Court Name: Ohio Supreme Court
Date Published: Jun 5, 2012
Citation: 132 Ohio St. 3d 114
Docket Number: 2011-1735
Court Abbreviation: Ohio